Excise, VAT & CST Case Laws, CENVAT Rulings & Updates | Taxrealtime

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Eight states want GST rate cuts to be linked to revenue guarantee GST - Calcutta High Court: Though appeal was time-barred, granted final opportunity to assessee, sub... GST – Allahabad High court: ITC cannot be denied if supplier had valid registration at the time of s... GST - Delhi High Court: Rectification order under Section 161 of CGST Act without granting hearing i...

Excise / VAT / CST

Excise – Cestat Ahmedabad: Issue of DTA sale more than 50% of FOB - Held that if DTA sale entitlement is not utilized within same year then it can be carried forwarded and utilized in the next two years – Appellant corre...

Excise – Cestat Ahmedabad: Inspection and warehousing services were clearly used in or in relation to the manufacture and sale of the goods, and no separate charges are collected for the same hence they are included in t...

Excise – Cestat Ahmedabad: In Pepsico judgement it was held that services used in setting up the factory are, unambiguously covered as 'input services' hence Cenvat credit is allowed - Matter remanded back to pass decisi...

Excise – Cestat Ahmedabad: When transportation costs are incurred by the buyer after clearance from factory, the same cannot be included in the assessable value; Value of free gifts cannot be included in the assessable v...

Customs – Cestat New Delhi: If the goods are held liable for confiscation, they may be released on payment of redemption fine - Reduced the amount of bank guarantee to 5% – Appeal partly allowed [Order attached]

Excise – Cestat Ahmedabad: Issue of availment of 100% credit on capital goods in one FY - Even if the goods are considered as capital goods, at best the demand can be only for interest (and not penalty) for the period du...

Excise – Cestat Ahmedabad: As long as the goods are not cleared physically form the factory of production and the same are used for manufacture of excisable goods, the exemption benefit cannot be denied; As no data is sh...

Excise – Cestat Mumbai: The request for adjournment shall not be granted further as it is more than three times as allowed in law, appeal dismissed for non-prosecution – Writ petition dismissed [Order attached]

Excise – Calcutta High Court: CBIC circular specifically provides whether the process undertaken by the assessee amounts to manufacture or not is an interpretational issue and therefore when a demand is raised it should...

Excise – Cestat Ahmedabad: CENVAT credit availed of service invoices in the name of the branches cannot be denied on the ground that the appellant did not have centralized registration, as non-obtaining the registration...

Excise – Cestat New Delhi: Revenue has taken contrary stand in the show cause notices where in first show cause notice it is admitted that assessee has started commercial production from November, 2010, wherein in the se...

Excise – Cestat Ahmedabad: Goods such as furniture and stationery used in an office within the factory are goods used in the factory and are used in relation to the manufacturing business and hence the credit of same is...

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